A New York judge has dismissed a negligent design claim brought by the family of a deceased smoker even though a different judge had sustained the claim three years earlier. The family's lawyer said that his clients will not appeal the decision but will instead proceed to trial on their strongest claim, fraudulent concealment, which is aimed at what he called tobacco companies' "egregious conduct" in marketing light cigarettes as safer than regular cigarettes when the companies knew they were just as dangerous.
July 15, 2010 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
A Supreme Court justice in Manhattan has dismissed a negligent design claim brought by the family of a deceased smoker even though a different judge had sustained the claim three years earlier.
Justice Emily Jane Goodman cited an intervening decision issued by the New York Court of Appeals in 2008 as the reason for undoing the earlier ruling from Manhattan Justice Charles E. Ramos.
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